Advocate Apoorva Jyoti

Questions Answered by Advocate Apoorva Jyoti

Q: DP act 3/4 - false implication

My wifes name has been dragged in a complaint by her sister in law. nMy wife was not in the city on the day of complaint, she hasn't been to her parents house since the day of her brothers marriage.

Advocate Apoorva Jyoti answered
you can challenge the FIR in the High Court for quashing of FIR in respective to your wife on ground of plea of alibi.Also you can take ground of several cases decided Hon' ble SC.If chargesheet is filed you may challenge the chargesheet in HC on ground of plea of alibi

Q: Need advice to get divorce from wife

My wife left my home on 28 August 2022 and went to her mayka. She has problem of mirgi k daure and their family didn't told us about this before our arranged marriage. We married on 5 may 2022. She said on phone that go do another wedding, She will come after 9-10 months. ( I have recording)nOur religion is hindu (brahmin)nAnswer below questions: n1. How to get divorce from her? n2. Tell me some proofs which I can make to get divorce easily.3. If She filed dowry case against me then if I am willing to return all dowry items then will the case get closed? How to conquer dowry case?n4. What are the precautions I and family need to take to avoid any dangerous case or getting jail?

Advocate Apoorva Jyoti answered
Since your wife left home without any proper reason you should first of all file a case under section 9 of Hindu marriage act.And then it will be good defence for you in future if your wife pursue any legal action against you.Also if she is also willing to get divorce you both may file for mutual divorce under section 13 B

Q: Wrong case of rape name includes my mom

My mom has been wrongfully convicted in faizabad for false case of rape and more sections she is still in jail since 1 week and we want her to get out on bail because the investigation wasn't at all appropriate and it happened in district court can we please somehow get my mom out she is one of four convicted person main accused is a boy my mom has been sentenced for 5 years.

Advocate Apoorva Jyoti answered
yes, since your mother is convicted now you to file an appeal against conviction in hon'ble high court lucknow.where you have to pray before the court for bail and also for the merits of the case which was not considered by the learned court

Q: Cheque bounce I am payee what should I do next to get my money

I am payee a mbbs gynecologist drawer draw a cheque but it got bounce what should I do next to get my money back

Advocate Apoorva Jyoti answered
send him a legal notice within 30 days of cheque return and when notice is delivered to him you have wait for 15 days for drawer to settle out your amount and if such thing doesnot happen you have to file complaint case against him within 30 days

Q: Police Issued Notice Us 160 CRPC To Accuse For Recording Of Statement.

Police Issued Notice Us 160 CRPC To Accuse For Recording Of Statement. But accused can not appear on giving date mentioned in Notice. Now what is the remedy.

Advocate Apoorva Jyoti answered
since a notice has been served to the accused under section 160 for recording of the statement and due to unavoidable circumstances accused cannot appear before the police for recording the statement statement, for this purpose write an application to superintendent of police of that concerned district and to the station house officer of the concerned police station stating the circumstances in which he cannot appear before the police and seeking further date for recording of the statement and send this application through the registered post .